Legal Opinion

Schering Corporation v. Margaret M. Heckler, Secretary of Health and Human Resources

Court of Appeals for the D.C. Circuit

Decided December 13, 1985No. 85-5337PublishedCited by 19 opinions

1Opinion of the Court

Opinion for the Court filed by Circuit Judge HARRY T. EDWARDS.

Separate Concurring Statement filed by Circuit Judge J. SKELLY WRIGHT.

HARRY T. EDWARDS, Circuit Judge.

Schering Corporation (“Schering”) appeals from an order of the District Court denying its motion for a preliminary injunction and granting the Government’s motion to dismiss its suit. Schering sought to invalidate a settlement agreement that terminated a lawsuit between the Food and Drug Administration (“FDA”) and Tri-Bio Laboratories, Inc. (“Tri-Bio”). The District Court dismissed the action without reaching the merits, holding…

Also in this document: Concurrence.

2Cases cited4 opinions

  1. Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
  2. Heckler v. ChaneySupreme Court of the United States · 1985
  3. Kenneth Adams v. Elliot L. Richardson, Individuallyand as Secretary of the Department of Health, Education and WelfareCourt of Appeals for the D.C. Circuit · 1973
  4. United States v. Generix Drug Corp.Supreme Court of the United States · 1983

3Cited by19 opinions

  1. Community Nutrition Institute, Laura A. Rogers v. Frank Young, Commissioner, Food and Drug AdministrationCourt of Appeals for the D.C. Circuit · 1987
  2. Association of Irritated Residents v. Environmental Protection AgencyCourt of Appeals for the D.C. Circuit · 2007
  3. International Union, United Automobile, Aerospace & Agricultural Implement Workers of America v. William Brock, Secretary of Labor International Union, United Automobile, Aerospace & Agricultural Implement Workers of America v. William Brock, Secretary of LaborCourt of Appeals for the D.C. Circuit · 1986
  4. Dietary Supplemental Coalition, Inc. The Health Haus, Inc. v. Louis W. Sullivan, M.D. David A. Kessler, Commissioner of Food and Drug AdministrationCourt of Appeals for the Ninth Circuit · 1992
  5. National Wildlife Federation v. United States Environmental Protection AgencyCourt of Appeals for the D.C. Circuit · 1992

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